State v. Kimball
Supreme Court of Iowa
Aj/peal from PoTk District Court. Highways : how established : power oe supervisors TO DELEGATE AUTHORITY TO CLERK: INDICTMENT EOR OBSTRUCTING a public highway. — The main question arising on tbe trial was, whether tlie road described in the indictment was a legal highway.
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Aj/peal from PoTk District Court. Highways : how established : power oe supervisors TO DELEGATE AUTHORITY TO CLERK: INDICTMENT EOR OBSTRUCTING a public highway. — The main question arising on tbe trial was, whether tlie road described in the indictment was a legal highway. It appeared that due notices were posted and given that a petition for tlie road in question would be presented to the regular September session, A. D. 1865, of the Polk county board of supervisors ; that at said session the said petition was presented and proper proof made that due notice had been given; that said road was…
1Opinion of the Court
Dillon, Oh. J.
i. highwats : establishment of: delegation supervisors, The parties below agreed, “ that if the appointment of the commissioner by the clerk, undei the authority conferred upon him by the . , board, was authorized by law, nothing was wanting to make the establishment of said road in all respects regular.”
This cause is brought here by the appellant simply to test the question whether the resolution adopted by the board at its January session, 1865 {see statement), is valid either in whole or so far as it undertakes to confer upon the clerk the power of appointing commissioners.…
2Cited by5 opinions
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